The Legal Framework for Arbitration in Mainland China

General Information

  • UNCITRAL Model-Law based: No
  • Legal Provisions: Arbitration Law of the People´s Republic of China 1994, as amended in 2009. An English translation is available on the website of the Ministry of Commerce.

Multilateral Conventions

  • New York Convention: Yes (accession: 22 January 1987; reservations and declarations: (1) The People's Republic of China will apply the Convention only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State; (2) The People's Republic of China will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the People's Republic of China.
  • European Convention: No.
  • ICSID Convention: Yes (ratification/accsession:7 January 1993; entry into force: 6 February 1993); reservations: The Chinese Government would only consider submitting to the jurisdiction of the International Centre for Settlement of Investment Disputes disputes over compensation resulting from expropriation and nationalization.
  • Energy Charter Treaty: observer by invitation.

Arbitral Institutions

Last updated July 2017